Australians with life-threatening swallowing
condition win NDIS battle
Exclusive: Disability insurance The plan would have costed $40 prevalence of dysphagia among them
agency ruled wrong to deny funding a day but the agency argued varied, it was substantial.
to man with dysphagia as a result of thickening fluids his dietician had cerebral palsy requested – which helped the
Thousands of Australians living with a
life-threatening swallowing condition
could now get NDIS funding after the
National Disability Insurance Agency
man swallow safely and “gave him
independence and confidence” –
Gingold put the number of people
impacted by the decision “in the
thousands”.
were health-related, not a disability The NDIA could appeal the decision
support. to the federal court but that risked
setting a more significant precedent.
(NDIA) lost a high-stakes case at the The tribunal has previously accepted administrative appeals tribunal. the agency’s interpretation of A NDIA spokeswoman said: “The
the law – that it did not need to Agency is considering the recent
fund supports considered the decision in [the applicant] and the
responsibility of another government National Disability Insurance Agency
service provider. (NDIA).”
swallowing supports, which are vital “Whether or not the other Late last year, Guardian Australia
for people living with dysphagia. That government agency actually reported the case of Tanisha
would end a long-running battle in provided that support was Flemming, who had been denied
which the NDIA claimed the supports considered largely irrelevant,” funding as the NDIA and states
should be offered by the states. Gingold told Guardian Australia. argued over who should pay for the
“But in this watershed judgment, supports.
[the deputy president] … said that in In January, the federal government
the past the tribunal and the NDIA said it would fund some supports for
have both misinterpreted that section people with dysphagia as an interim
of the legislation.” measure, following a campaign by
responsibilities, experts said. A win for advocates the Council for Intellectual Disability.
“This judgement has the potential Darren O’Donovan, an administrative “This ruling should effectively make
to drastically change what the NDIS law expert at La Trobe University, the interim funding agreement on
funds,” said Sara Gingold of Disability said the decision was a “powerful swallowing therapies permanent,”
Services Consulting. “It will impact vindication of those advocates fought said Justine O’Neill, the CID
the way the scheme interacts with such a long battle to correct agency chief executive. “It is a positive
all other areas of government, from policy in this area”. development for many other NDIS
Experts and advocates have
described the decision as a
“watershed”, arguing the agency
would now be forced to fund
But the ruling may also have
broader implications for people with
disabilities, and for the agency’s
finances, as it threatens to overhaul
what is considered state and NDIS
education to health to justice and
everything in between.”
“Swallowing and dietary support is
an integral part of people’s social
participants who need ongoing health
related therapies to be funded by
the NDIS to enable them to maintain
While it is unclear exactly how and family lives,” he told Guardian many people might be impacted Australia. “It is not just preventing by the decision, there are about a person from choking (or other 100,000 people who have dysphagia medical events), it enables the person O’Donovan said the judgment
throughout Australia. People would to step out confidently into the underlined the need for “federal and
need to be aware of the ruling in world.” state politicians to commit to clearer
order to make use of it in dealings
with the NDIA, advocates argued.
Piers Gooding, a disability law expert
at Melbourne University, said the
social interaction, quality of life and
independence.”
rules and improved governance for
the scheme”.
In a rebuke to the NDIA, the AAT issue had not been “examined in the Source: www.theguardian.com/
deputy president, Brian Rayment, Federal Court so this decision sets an australia-news/2019/jun/14/
ruled the agency was wrong to deny important precedent”. australians-with-life-threatening-
funding to a 34-year-old man who
had dysphagia as a result of cerebral
palsy.
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He noted about 34,000 people had
cerebral palsy in Australia. While the
swallowing-condition-win-ndis-
battle